Department of Environmental Protection...Environmental Protection Southwest District Jeb Bush Governor 13051 North Telecom Parkway Temple Terrace, FL 33637-0926 Telephone: 813-632-7W

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Department of

Environmental Protection Southwest District

Jeb Bush Governor

13051 North Telecom Parkway Temple Terrace, FL 33637-0926

Telephone: 813-632-7W

Colleen M. Castirle Secretary

Southwest Florida Water Management District m~ 1 4 2037 C/O Mark Harnmond 2379 Broad Street (US 41 South) Brooksville, FL 34604-6899

Dear Mr. Hammond:

Enclosed is the Environmental Resource Permit, DEP Project No. 53-02040522-003, issued pursuant to part IV of Chapter 373, Florida Statutes, and Title 62 Florida Administrative Code.

Appeal rights for you and for any affected third party are described in the text of the Permit along with conditions. which must be ma when authorized activities are undertaken.

You, as the applicant, are responsible for all aspects of permit compliance. You should therefore review this permit document carefully to ensure compliance with the general conditions, general consent conditions, and specific conditions contained herein.

Please be aware of permit specific condition number 2 which states "This conceptual permit does not authorize any construction or impact to wetlands or other surface waters described herein. Any such authorization shall require the submittal of an Individual or Standard General Environmental Resource Permit (ERP) application and subsequerlt issuance of an EW."

If you have any questior~s about this document, please contact me at (81 3)h32-7600, ext. 430.

Thank you for your participation in the permit process and in managing the natural resources of the State of Florida.

Sincerely yours,

Environmental Specialist 11 Environmcn tal Resource Management

Enc: Environmental Resource Penn~t with attachments (25 pages)

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Pr~nted on recycled paper

Florida Department of Environmental Protection

Southwest District Office 13051 North Trlecorn Parkway

Templr Tcrrace. Florida 33637-0926

CONCEPTUAL ENVIRONrClENTAL RESOURCE PERMIT

PERMITTEEIAUTHORIZED ENTITY : Permib'Authorization Number: Southwest Florida Water Management District 53-204522-003 2379 Broad Street (US 41 South) Brooksville, FL 34604-6899

AGENT: BCI Engineers and Scientists, hc. Michael Timpe, P.E. 2000 E. Edgewood Drive, Suite 2 15 Lakeland. FL 33803

Date of Issue: JUN 1 4 2002 Expiration Date of Construction Phase:

County: Polk project: Lake Hancock Lake Level Modifjcation Project

This permit is issued under the authority of Part IV of Chapter 373, F.S., and Title 62. Florida Administrative Code (F.A.C.). The activity is not exempt from the requirement to obtain an environmental resource permit. Pursuant to Operatit~g Agreements executed between the Department and the water manageme~~t districts, as referenced in Chapter 62- 1 1 3, F.A.C., the Department is responsible for reviewing and taking final agency action on this activity.

This permit also constitutes certification compliance with water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341.

This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands owned by the Board of Trustees of the lnternal Improvement Trust Fund, pursuant to Article X, Scction 1 1 of the Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is not excmpt from the need to obtain a proprietary authorization. The Department has the respol~sihility to review and take final action on this request for proprietary authorization in accordance with Section 18-2 1.005 1, and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62- 1 1 3, F. A.C. In addition to the above, this proprietary authorization has been reviewed in accordance w t h Chapter 253, F.S., and Chapter 18-2 I , Section 62- 343.075, F.A.C., and the policies of the Board of Trustees.

As staff to the Board of Trustees, the Department has reviewed the conceptual application submittal described below, and has determined that future ccmstruction activities shall require a public earrnent for the use of those lands, pursuant to Chapter 253.77, Florida Statutes. The Department shall review the application for a public easement in cot~junction with the submittal of the required construction permit application

SPGP REVIEW- NOT APPROVED

A copy of this authorization has also been sent to the U.S. A r m y Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action by that agency. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations.

The above named permittee is hereby conceptually authorized to construct the work shown on the appljcat ion and approved drawing(s), plans, and other documents attached hereto or on file with the Department and made a part hereof. This conceptual permit and conceptual authorization to use sovereign submerged lands is subject to the limits, conditions, and locations of work shown in the attached drawings, and is also subject to the attached one through 25 General Conditions and 1 1 Specific Conditions, which are a binding part of this permit and authorization. You are advised to read and understand these drawings and conditions to ensure the scope of the work conceptually authorized by this permit will be conducted in conformance with all the terms, conditions, and drawings. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the perrni t and appropriate enforcement action.

Operation of the facility is not authorized except when determined to be 111 conformance with all applicable rules and with the general md specific conditions of this conceptual permit authorization, as specifically described below.

ACTIVITY DESCRIPTION:

The applicant. Southwest Florida Water Management District (SWFWMD), applied on August 3 1,2006 for a conceptual environmental resource permit for the Lake Hancock lake level modification project. The goal of the proposed project is to store water in Lake Hancock by raising the control elevation of the existing outflow structure and slowly release the water during the dry season in order to meet 50 percent of the mi~~imum flow requirements in the upper Peace River between the USGS gauging stations at Bartow and Zolfo Springs. The project proposed to raise the normal operating level of Lake Hancock from 98.7 feet National Geodetic Vertical Datum (NGVD) to an elevation of 100.0 feet NGVD by modifyng the P-11 structure by constructing an overflow weir tieback levee within Saddle Creek. Construction details for the P- 1 1 structure arid tieback levee shall be provided to the Department in the future application for a construction perrni t.

Permittee: SWFWMDl Lake Hancock Lake Level Modification Permit No: 53-0204522-003

Page 2 of 1 3

The proposed water level modifications are expected to provide improvements to Lake Hancock's wetland functions, returning a wider range of optimal water depths mind inundation duration to the landscape. The proposed project will restore some existing uplands back to wetlands, resulting in a return of 301 acres of wetlands to the landscape. These 30 1 acres include the restoration of hydrologic conditions for wet prairies which have been eliminated from area.

ACTIVITY LOCATION:

The project is located at Lake Hancock, a Class 111 FIorida Waterbody, Sections 1, 2, 3, 11, 12, 13,24, 25. and 26, Township 28 South, Range 24 East, and Sections 4,5,6, 7 ,8 ,9 , 10, 15, 16, 17, 18, 19,20,21,22,28,30,32, and 33, Township 29 South. Range 25, East, Polk County.

GENERAL CONDITIONS:

1. All activities shall be implemented as set forth 111 the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditiorls for undertaking that activity shall constitute a violation of this permit.

2. This permit or a copy thereof. complete with all conditions, attachments, exhibits, and ' modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

3. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and a pollution control to prevent violation of state water quality stmdards. Temporary erosion control shall be implemented prior to and during construction and permanent control measures shall be completed within 7 days of aly construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabiIized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources.

4. Water quality data for the water discharged from the permittee's property or into the surface waters ofthe state shall be submitted to the Department as required by the permit. Analyses shall be performed according to procedures outlined in the current edjtiori of Standard Methods for the Examination of Water and Wastewater by the American Public Health

Pernuttee; SWFWMDI Lake Hancock Lake Level Modification Permit No: 53-0204522-003

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Association or Methods for Chemical Analyses of Water and Wastes by the U.S. Environmetual Protection Agency. If water quality data are required, the permittee shall provide data as required on volumes of water discharged, including total volume discharged during the days of sampling and total monthly volume discharged from the property or into surface waters of the state.

5. Department staff must be notified in advance of any proposed construction dewatering. I f the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the pennit application or submitted to the Department as a permit prior to the dewatering event as a permit modification. The pemittee is advised that the rules of the Southwest Florida Water Management District state that a water use permit may be required prior to any use exceeding the thresholds in Chapter 40D-2, F .A.C.

6. Stabilization measures shaIl be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the constructioi> activity in that portion of the site has temporarily or permanently ceased.

7. Off site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operation schedules satisfactory to the Department.

8. The permittee shall complete construction of all aspects of the surface water management system, including wetland compei~sation (grading mulching. planting), waler quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system.

9. The following shall be properly abandoned andlor removed in accordance with the applicable regulations:

a. Any existing wells in the path of cot~struction shall be properly plugged and abandoned by a licensed well contractor.

b. Any existing septic tanks on site shall be abandoned at the beginning of construction.

c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction.

Penn~ttee; SWFWMDI Lake Hancock Lake Level Modification Perm~t No: 53-0204522-003

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10. All surface water management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property.

1 1 . At least 48 hours prior to commenceme~~t of activity authorized by this permit, the permittee shall submit to the Department a written notification of commencement using an "Environmental Resource Permit Construction Conmencement" notice (Form No. 62- 343.900(3), F.A.C.) indicating the actual start date and the expected completion date.

12. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site intiastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity.

13. Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-313.900(5), F. A.C.). and "Request for Transfer of Environmental Resource Permit Constn~ction Phase to Operation Phase" (Forrn 62-343-900(7), F.A.C.). Additionally, i f deviations fiom the approved drawings are discovered during the certification process the certification must be accompanied by a copy of the approved permit drawings with deviations noted.

14. This pern~it is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the Department, unless a modification has beer1 applied for and approved. Examples of substantial deviations include excavation of ponds. ditches or sump areas deeper than sl~own on the approved plans.

15. The operation phase of this permit shall not become effective until the permittee has complied with the requirements o f the conditions herein, the Department determines the system to be in con~pliance with the permitted plans, and the entity approved by the Department accepts responsibility for operation and maintenance of the system. The permit may not be transferred to the operation and maintenance entity approved by the Department until the operation phase of

Permittee: SWFWMDl Lake Hancock Lake Level Modification Permit No: 53-0204522-003

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the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall request transfer of the perrnj t to the responsible operation and maintenance entity approved by the Department, if different from the permittee. Until a transfer is approved by the Department pursuant to Section 62-343.1 lO(l)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit.

16. ShouId any other regulatory agency require changes to the permitted system, the Department shall be notified of the changes prior to implementation so that a determination can be made whether a permit modification is required.

1 7 . This permit does not el irninate the necessity to obtain any required federal, state, local and speci a1 district authorizations including a determination of the proposed activities' compliance with the applicable comprehensive plan prior to the start of any activity approved by this permit.

1 8. This permit does not convey to the permittee or create in the permitlee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40D-4 or Chapter 40D-40, F.A.C.

19. The permittee is hereby advised that Section 253.77, F.S., states that a person may not conmence any excavation, construction, other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees ofthc Internal Improvement Trust Fund without obtaining the required lease, license. easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to cominencing activity on sovereignty lands or other state-owned lands.

20. The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the perrnit or any use of the permitted system.

2 1. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421 (2) , F.S., provides othenvise.

22. The pennittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a perrnit are subject to the requirements of section 62-343.130, F.A.C. The permittee transferring the permit

Permittee: SWFWMDI Lake Hancock Lake Level Modification Perm~t ?.lo: 53-0204522-003

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shall remain Iiable for any corrective actions that may be required as a resuh of any permit vioIations prior to such sale, conveyance or other transfer.

23. Upon reasonable notice to the permittee. Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with Department rules, regulations and conditions of the permits.

24. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shai! immediately notify the Department and the Florida Department of State, Division of Historical Resources.

25. The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate.

SPECIFIC CONDITIONS:

1. Submittals required herein shall be directed to:

Department of Environmental Protection Environmental Administrator Environmental Resource Management Program Southwest District 1 305 1 North Telecom Parkway

Temple Terrace, FL 33637-0926

hereafter referred to as "the Department". Submittals include, but are not limited to, record drawings, progress reports, mitigation monitoring reports and water quality monitoring reports.

Submittals shall include the permittee's name and penni t number

2. This Conceptual Environmental Resource Permit is issued under Chapter 62-343.060, F.A.C., and does not authorize any of the construction or impact to wetlands or other surface waters described herein. Any such authorization shall require submittal of ;in Individual or Standard General Envjronmen tal Resource Permit (ERP) application and subsequent issuance of an ERP.

3. The Department herby conceptual1 y approves the work shown on the application and approved drawings, plans, and other documents attached hereto or on file with the Department and made a part hereof. This permit is binding on the issuance of future construction permits only to the extent that adequate data has been submitted for review by the applicant during the

Permittee: SWFWMiII Lake Hancock Lake Level Modification Permlt No: 53-0204522-003

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review process. Any activities that exceed the scope of activities covered herein or any deviations from the proposed design are not conceptually authorized by this permit.

4. This permit does not provide conceptual approval of activities, which may occur in, on, or over wetlands or other surface water not specifically described in the attached application and approved drawings, plans, and other documents attached hereto or on fiie with the Depamnent and made a part hereof.

5 . The permittee is hereby advised that Florida law states: "No person shall commence any excavation, construction, or other activity involving the use of sovereicgn or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use." Pursuant to Rule 1 8- 14.002(1), Florida Administrative code, if such work is done without consent, or i f a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense.

6 . Prior to the submittal o f an Et~vironmcntal Resource Permit (ERP) application for the construction phase of the proposed pro; ec t the Southwest Florida Water Management shall conduct a pre-application meeting with a representative of the Environmental Resource Management permitting staff to review the application submittal.

7. Unless revoked, extended or otherufise modified, the duration of a conceptual permit under Chapter 62-343.1 10, F.A.C., is twenty years from the date of issuance of the conceptual approval permit, provided that a standard general or individual permit to construct the initial phase of construction is obtained, and construction of the initial phase has commenced within two years of the isstlance of the conceptual approval permit.

8. Failure to comply with all permit conditions shall constitute grounds for revocation of the permit and appropriate enforcement action.

9. The Department's issuance of this conceptual approval permit provides the conceptual approval permit holder with assurance that the concepts upon which the engineering and environmental designs are based are capable of providing for systems which meet Department rule criteria within the level of detail provided in the submitted plans and designs. A conceptual permit does not assure that a specific application for a construction permit will be granted. The issuance of this conceptual pernlit does not prevent the Department from requesting additional information during subsequent processing of construction applications. Future approvals shall be authorized only to the extent they are consistent with that information and the conditions of this conceptual approval permit. Primary areas for concern for future construction permits

Permittee: SWFWMD/ Lake Hancoc k Lake Level Mod~tication Perrnlt No: 53-0204522-003

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include: providing signed, dated, and sealed engineered drawings of the control structure and tie back levee, providing a detailed construction materials and methods narrative, providing documentation of land ownership in the form of warrantee deeds or authorizations from affected land owners, providing documentation to obtain a public easement for use of sovereignty submerged lands at the P-11 control structure and providing a sumcient monitoring plan to demonstrate the success of the rebydration of tbe historic wetland areas surrounding Lake Hancock.

f 0. The permittee shall be a w n of and operate under #1 through #25 of the attached "General Conditions for Environmental Standard General and Individual Permits". General Permit Conditions are binding upon the permittee and enforceable pursuant to Chapter 403 of the Florida Statutes.

1 1. If the approved permit, drawings and the Specific Conditions contradict each other. then the Speci t ic Conditions shall prevail.

END OF SPECIFIC CONDITIONS

RIGHTS OF AFFECTED PARTIES

This conceptuaI permit and conceptual intent to grant a public easement over sovereign submerged lands is are hereby granted. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. The actual terms of the conceptual public easement wiil be formally executed at a later date and shall include provisions for rents and such other provisions as normally are included in such public easements. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired.

Mediation is not available.

A person whose substantial interests are affected by the Departtnent 's action may petition for an administrative proceeding (hearing) under sections 1 20.569 and 1 20.57 of the Florida Statutes. The petitio~l must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 3 5, Tallahassee, Florida 323 99-3000.

Permittee: SWFWMDl Lake Hancock Lake Level Modif cation Permit No: 53-0204522-003

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Under rule 62- 1 10.106(4) of the Florida Administrative Code. a person whose substantial interests are affected by the Department's action may also request an ex tension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect.

If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of t l~e presiding officer upon the filing of a motion in compliance with rule 28- 106.205 of the Florida Administrative Code.

In accordance with rule 62-1 10.106(3), Florida Administrative Code, petitions for an admitlis trative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication.

The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative detern~ination (hearing) under sections 120.569 and 120.57 of the Florida Statutes.

A petition that disputes the material facts on which the Department's action is based must contain the following information:

(a) The name and address of each agency affected and each agency's file or identification number, if known;

(b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an

Permittee: SWFWMDI Lake Hancock Lake Level Modification Permit No: 53-0204522-003

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explanation of how the petitioner's substantial interests are or will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(dl A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action;

( f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; and

(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action.

A pet] tjon that does not dispute the material facts on which the Department's action is based shall state that no such Pacts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-1 06.301.

Under sections 120.569(2)(c) and (d) of the Florida Statutes. a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.

This permit constitutes an order of the Department. Subject to the provisions of paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.1 10 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. The applicant, or any party within the meaning of section 373.1 14(l)(a) or 373.4275 of the Florida Statutes, may also seek appellate review ofthe order before the Land and Water Adjudicatory Commission under section 373.1 14(1) or 373.4275 of the Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is tiled with the Clerk of the Department.

Permittee: S WFWMDI Lake Hancock Lake Level Modification Permit No: 53 -02045 22 -00 3

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Executed in Temple Terrace, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

istrict Director Southwest District

Copies furnished to: Pam Jones, 500 1 West Cypress Street, Tampa, FL 33607-3803 Doug Fry, FDEP Jim Stoutamire, FDEP Diana Sawaya-Crane, Deputy Director of Cabinet Affairs DEP, Office of General Counsel U.S. Army Corps of Engineers Polk County File

Permittee: SWFWMD/ Lake Hancock Lake Level Modtficat~on Permit No: 53-0204522-003

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CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this permit and authorization to use sovereign sub erged lands, including all copies, were mailed before the

close of business on b T\ ,2007, to the above listed persons.

FILING AND ACKNOWLEDGMENT

FILED, on this date, under 120.52(7) of the Florida Statutes, with the designated Department Clerk,

receipt of which is hereby acknowledged.

Attachments: Joint ERP Application, 5 pages Project Location Map Project Drdwings, 5 pages

Permittee: S WFWMDI Lake Hancock Lake Level Modification Permit No: 53-0204522-003

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FORM #: 62-343.900 (1 1 FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: March 26, 2004

SECTION A

PART 1 : Are any of the activities described in this application proposed to occur in, on, or over wetlands or other surface waters? yes no Is this application being fiIed by or on behalf of a government entity or drainage district? &es u n o

PART 2: A. Type of Environmental Resource Permit Requested {check at least one). See Attachment 2 for thresholds and descriptions.

Noticed General - include infomation requested in Section B. Standard General (Single Family Dwelling) - include information requestd in Sections C and D. Standard General (all other Standard General projects) - include information requested in Sections C and E. hdividual (Single Family Dwelling) - include information requested in Sections C and D. Individual (a11 other Individual projects) - include information requested in Sections C and E.

1 ConceptuaI - include information requested in Sections C and E. Mitigation Bank Permit (construction) - include information requested in Sections C and F. (If the proposed mitigation bank involves management system requiring another permi and submit the information requested by the Mitigation Bank (conceptual) - include infomtion r

B. Type of activity for which you are applying (check at least one)

Construction or operation of a new system, other th dredging or filling in, on or o v a wetlands and

17 Construction, expansion or modification of a solid wast Alteration 'or operation of an existing system which

WM13 or DEP. Modification of a system previously permitted by a WMD or DEP. Provide previous permit numbers:

Alteration of a system [7 Extension of permit duration Abandonment of a system Construction of additional phases of a

17 . Removal of a system system

C. Are you requesting authorization to use Sovereign Submerged Lands? Elyes On0 (see Section G and Attachment 5 for more information before answering this question.)

D. For activities in, on, or over wetlands or other surface waters, check type of federal dredge and fiII permit requested: [XJhdividual UProgrammati c General UGeneral n ~ a t i o n w i d e n N o t Applicable

E. Are you claiming to qualify for an exemption? n y e s m n o If yes, provide rule number if kmown.

FORM #: 62-343.900 (1) FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: March 26,2004

I PAK 1 3: A. OWNER(S) OF LAND I B. ENTlTY TO RECEIVE PERMIT (IF OTHER THAN OWNER)

I

Name ) Name

1 S O Y ~ ~ W B S I Florida Water Manapernent Dirtrkct I

Address 1 4 Address

I

Tiue and Company Title and Company

2379 Broad Street (U.S. 41 South) City, Slate, Zip

Address: (optional)

C~ty, State. Zip

Brooksville. Florida 34604-6899

Telephone and Fax

I C. AGENT AUTHORIZED TO SECURE PERMIT ( D. CONSULTANT (IF DIFFERENT FROM AGENT)

Telephone and Fax I

M~chaei P. Timpe, P.E. --

Title and Company

- - Address

City, State, Zip

Teiephone and Fax (863)667-2345 and (863)667-2662

E-mail Address: (optional) E-mail Address, (optional)

I Name

I

I PART 4: (Please provlde metric equivalent for federally funded projects):

A. Name of Project, ~ncluding phase r f applicable: Lake Hancock Lake Level Modification Proiect

B. Is this application for part of a multi-phase project? 13 Yes No

C. Total applicant-owed area contiguous to the project? 5.758 ac ; -2,330- ha.

D Total area served by the system: - 14,564 ac.; - 5,894- ha.

E. Impervious area for which a permit is sought: N.4 ac.; ha.

F. Volume of water that the system is capable of impounding: 9 , 3 0 0 - - ac. ft.; - m3

G. Wha! is the total area of work in, on, or over wetlands or other surface waters? el .G ac.; -- ha.: sq. ft.; _ sq.rn. .

H. Total volume of material to be dredged: None yd3; m3

I . Number of new boat slips proposed: None wet slips; - dry slips

Name

FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLICATION DATE: March 26,2004

Project location (use additional sheets if needed): County(ies) Polk Section(s) 24,25,36 Township 28 South Sectionls) 19,20,29,30, 31, 32, 33 Township 29 South Section(s) I , 2 ,3 , 11, 12, 13,24,25 Township 28 South Section(s) 4, 5, 6,7, 8, 9, 10, 15, 16, Township 29 South

I Land Grant n k e , if applicable: NA

I Tax Parcel Identification Number:

Street Address Road or other location: ,

City, Zip Code, if applicable:

Range 24 East Range 25 East Range 24 East Range 25 East

APPROVED

ENVl'dONM E NTAL PROTECTKIN

PART 6: Describe in genera1 terms the proposed project, system, or activity.

Lake Bancock lake level modification project is one of the Southwest Florida Water Management District's (District) proposed recovery strategies to provide additional storage of surface waters within Lake Hancock which then can be used to maintain Minimum Flows and Levels (MFLs) in the upper Peace River when required. Currently, Lake Hancock's water level Control Stntcture P-11 is operated at 98.5 feet National Geodetic Vertical Datum (NGVD). The top of structure elevation is at 98.7 feet NGVD. The proposed new operation Ievel is to raise the lake level to 100.0 feet NGVD.

The proposed Lake Hancock water Ievel modifications were designed specifically to facilitate the flow recommendations adopted to benefit the upper Peace River downstream of the P-1 1 structure, consistent with MFL legislation. The MFL objective is to restore perennial flow to the upper Peace River while assuring sufficient flow depths to allow for fish passage 95 percent of the time. This project wiIi meet about 50 percent of the required improvemen? for critical instream flows in that segment of the river.

The proposed project is similar to a common approach for ecological restoration in Florida where ditch blocks andfor control stmctures are used as the primary means to modify water levels to restore historic h ydropattems to a Iandscape. To achieve the new water level for the lake, the Control Structure P-I I has to be modified, and supplement fix over flow weir tieback Ievm needs to be constructed. The proposed water level modifications are expected to provide improvements to Lake Hancock's wetland functions, returning a wider range of optimal water depths and inundation duration to the landscape. Some flood-sensitive trees that have encroached into some of the artificially dewatered areas wiIl perish, making way for plant species in better balance with the improved water levels. The proposed water regime will restore some existing uplands back to wetlands, causing a return of 301 acres of wetlands to the Iandscape. These include the restorhon of hydrologic conditions for wet prairie systems, which had b m all but eliminated from the area. The proposed net increase of wetlands will partially offset wetland losses that have progressiveIy occurred in the lake's fringe areas since the Iate 1920's.

FORM #: 62-343.900 (1) FORM TITLE: JOINT ENVIRONMENTAL RESOURCE P f RMlT APPUCATION DATE: March 26, 2004

PART 7:

A. If there have been any pre-application meetings, including on-site meetings, wtth reguIatory staff, please list the date(s), location(s), and names of key staff and project representatives. Appmximatel~ monthly meetings were held with the Department between Februarv 2005 and Imuw 2006.

3. Plme tdentify by number any MSSWtWetland Resource/ERP/ACOE Permits pending, issued or denied for projects at the location, and any related enforcement actions. N/A Agency Date No.\Type of Action Taken

Application - -

- - -

C. Note: The following information is required for projects proposed to occur in, on or over wetlands that need a federal dredge and fill permit or an authorization to use state owned submerged lands. Please provide the names, addresses and zip codes of property owners whose property directly adjoins the project (excluding application) and/or (for proprietary authorizations) is located within a 500 ft. radius of the applicant's land. Please attach a plan view showing the owner's names and adjoining property lines. Attach additional sheets if necessary. 1. 2. Summertimes Ranch, Inc. P. 0. Box 7667 Lkeland, FIorida 33 807-7667 .

4. APPF>LIVE~' .,, -

STATE Of- ".: I"':-':.,'-, 3 . --- 1 6. 5.

7 . 8.

!

. -

,s 1 ;v!r.lv+ - > u

7

ENWRooby,dENTAL pi:^; 1 i=~?:; , i... .L

FORM #: 62-343.900 (1) FORM TITLE: JOINT ENVIRONMENTAL RESOURCE PERMIT APPLlCATlON DATE: March 26,2004

PART 8:

A. By signing this application form, I am applying, or I am applying on behalf of the appl~cant, for the pemit and any proprietary authorizations identified above, according to the supporting data and other incidental in formation filed with this application. I am famiIiar with the informati on contnined in this application and represent that such information is hue, complete and accurate. I understand this is an application and not a permit, and that work prior to approval is a violation. I understand that this application and any permit issued or proprietary authorization issued pursuant thereto, does not relive ma of any obligation for obtaining any other required federal, state, wata management district or Iocpll permit prior to commencement of wnst-uction. I agree, or I agree on behalf of the applicant, to operate and maintaio the permitted system unless the permitting agency authorizes transfer of the permit to a responsible operation entity. I understand that knowingly malung any false statement or representation In this application is a violation of Section 373.430, F.S. and 18 U.S.C. S h o n 100 1 .

e of .4pplimt (Zfno Agent 1s used) or Agent (If one is so authorized below)

k*Z7-oi Date

(Corporate Title i f applicable)

AN AGENT MAY SIGN M O V E ONLY IF THE APPLICANT COMPLETES THE FOLLOWING:

B, . I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the agent in the processing of this application for i h e p m u t andor proprietary authorization indicated above; and to furnish, on request, supplemental informanon in support of the application. In additron, I authorize the above-listed agent to bind me, or my corporation, to perform any requirements which may be necessary to procure the permit or authorization indicated above I understand that horrvingly malung any false statement or representation in this applicahon is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001.

(Corporate TitIe if applicable)

Please oat&: T h e anolifant's orleiad *@nature (not a urnyl II required above.

PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COhP

C. I either own the property described in this application or I have legal authority to allow access to the property, and I consent, after receiving prior notification, to any site visit on the p~opcrty by agents or personnel from the Department of Environmental Protection, the Water Management District and the U.S. Army Corps of Engineers necessary for the review and inspection of the proposed project spec~fied m this application. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review and inspection. Further, I agree to provide entry to the project site for such agents or personnel t o monitor permitted work if a permit is granted.

Executive Director (Corporate Title if applicable)

David L. Moore. P.G.

Typedhnted Name of Appl~cant

APPROVED BY:

DEP. EXEC. DTR RES. MAN. DIR

' LEGAL DEPT.

1 b-27-OC

Signature of Applicant 1 Date

SECTION C

F(IRM#: 62-343 900(1) Section C FORM TiTLE: I O N ENi'IRONMEMAL

RESOURCE P E W I T MPLlCATION DATE October 3. 1995

Environmental Resource Permit Not~ce of Receipt of Application

Note this fonn does not need to be submitted for notlced general permrts. This mformanon 1s requlred in addrtlon to that required In other sect~rsns of the applrcat~on. Please submit f ive copjes of thrs notice of recelpt of application and all anachments w~th the other requ~red informat~on. Please submit all ~nforrnation on 8 In" x 1 I " paper. (See Attached Notice)

Project Name Lake Hancock Lake Level Modification Project County Polk County Ouner State of Florida Applicant. Southwest Florida Water Management District Applicant's Address: 2379 Broad Street (U.S. 41 South), Brooksville, FL 34604

1 . Indicate the project boundaries on a USGS quadrangle map. Attach a tocatlbn map show~ng the boundary of the proposed activity. The map shcluld also contain a north arrow and a graphic scale; show Section(s), Tosvnship(s), and Range(s); and must be of sufficient detail to allow a person unfamiliar with the site to find it. Figure 1

2. Provide the Eames of all wetlands, or other surface waters that wwdd be dredged, filled, impounded, diverted, drained, or wouid receive discharge (e~ther directly or indirectly), or would othenvise be impacted by the proposed activity, and specify i f they are in an Outslanding Florida Water or Aquatic Preserve:

Appendices A -Single Event Watershed Model and D- Wetland Functional Assessment)

3. Attach a depict1011 (plan and section vrews), which clearly s h o ~ s the wurks or other farill~:es proposed to be constructed. Use muItiple sheets, if necessary. Use a scale sufficient to show the location and type of works. Figure 8

4 . culva

Bnefly describe the proposed project (such as "construct dock with boat shelter", "replace two exislmg ds", "construct surface water management system to serve 150 acre r e s i d e n t ~ o p m e n # p ~ ~ ~ ~ ~

Modify andlor reconstruct the existing Control Structure P-1 I and construBBrtMbOri the lake level to be raked to and maintained at 100.0 feet NGVD.

5. Specify the acreage of uretlands or other surface waters, ~f any, that are to ,be fillea, .&cq$aicd, or otherwise disturbed or impacted by the proposed activity: Appendix I)-Wetl Assessment

6. Provide a brief statement describing any proposed rn~trgat~on for Impacts to wetlands and other surface waters (attach add] t ional sheets if necessary):

Appendix D-Wetland Functional Assessment

filled 1-1.5 ac ; excavated ac.;

: - . , , - FOR ia~mcy U S E : ~ ~ + . .

orin be inspected:

0VEO hoe'b ~ o ~ ~ - * ~ # t a h t ; no-mfomation i n thns notice hrr beon ~ubrnlprd by h e rpplirani, and h.. n m ~ P L o R \ D * &fli ie'[email protected]. m y subject ta c h q e . . . . .

I

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i

I DEPARTMENT OF

EWI RONMENTAL PROTECTION other impacts -- ac. CERP report, Appendix D-Wetland Furictional Assessment